Assault Conviction Overturned – R. v G., 2018 Alberta Court Of Appeal
Defence appeal from assault conviction in Fort McMurray Provincial Court. Domestic situation. At trial, complainant testified the fight was consensual but she did not want to be choked. Held: Appeal allowed. “The proper question was not whether the complainant consented to each and every application of force during the course of the fight, or whether … Read More.
Crown Invites Dismissal Of Forcible Confinement Mid-Trial – R. V J. 2018 Edmonton Provincial Court
Accused was charged with forcible confinement of his former spouse. Complainant testified to being forcibly confined in a shared residence with the accused, prior to fleeing the residence and contacting police. Accused testified that there was a domestic argument, but that the allegations of forcible confinement were fabricated. Held: Charge dismissed. After the complainant was … Read More.
Homicide Charge Stayed – R v K. Edmonton Court of Queen’s Bench
Client originally charged with second-degree murder in the death of an elderly male. Incident occurred at the client’s apartment, and both parties were intoxicated. Evidence suggested that the man died from a single stab wound to the shoulder inflicted by the female client. She called 911, reporting at the same time that the man had … Read More.
DUI/Impaired Driving – Stay Of Proceedings – Charter Breaches: R. v C. 2018 Stony Plain Provincial Court
Accused charged with impaired driving and driving over .08. Stopped by Sheriff for speeding. Suspected of driving while under influence of alcohol. Sheriff called for RCMP to do impaired investigation but did not inform accused of the main reason for her detention or her right to counsel. RCMP called to bring roadside screening test. Delay … Read More.
Gang sexual assault acquittal – R. v C. 2018 Hay River Supreme Court N.W.T.
Accused charged with “gang” sexual assault. Allegation that client and co-accused both sexually assaulted complainant at a party. Complainant and witness both testified to assault, client and co-accused testified to consensual sexual activity. Held: While accused’s testimony was disbelieved by the trial judge, the Court could not be satisfied beyond a reasonable doubt that an offence had … Read More.
Arson Case Withdrawn Due To Improper Use of Tracking Device – R. v K., 2018 Edmonton Provincial Court
Accused charged with arson. Police had installed GPS tracking device on the accused’s vehicle in relation to a separate investigation. The tracking device placed the accused’s vehicle at the scene of the arson at the time of the offence. The tracking warrant authorized tracking of the accused’s vehicle specifically in relation to the separate investigation. … Read More.
DUI Case Withdrawn Due To Lost Evidence – R v D, 2018 Sherwood Park Provincial Court
Accused charged with DUI (impaired driving) and refusal to blow. No Roadside Test performed. Reasonable and probable grounds for breath demand based on physical symptoms of impairment alone. Police car equipped with camera capable of capturing alleged symptoms. Despite several requests to secure this evidence from the police the prosecution was unable to do so. Police explained … Read More.
Assault With Weapon, Acquitted – R v M, 2017 Edmonton Provincial Court
Accused charged with assaulting an individual with a bottle during a fight at a party. Complainant sustained a large cut over the eye that was allegedly caused by the bottle. Accused did not testify. Held: Acquitted. Based on the testimony of the 4 Crown witnesses who purported to see the fight the Court could not find … Read More.
Accused Acquitted, Complainant Unreliable Witness – R v. D, 2017 Edmonton Court of Queen’s Bench
Accused charged with sexual assault, assault, and uttering threats. Allegation that accused forced sexual intercourse on spouse, and then assaulted and threatened the spouse the following morning. Held: Acquitted. Accused found to be a credible witness while complainant was found to be unreliable, admittedly dishonest, and had a motive to fabricate the allegations. Court left with … Read More.
Client acquitted of second degree murder & manslaughter – R. v M.L. 2019 Edmonton Queen’s Bench
February 16th, 2019 • Counsel: Alexandra K. Seaman , Tania Shapka • Tagged: Acquittal, Murder
Client charged with 2nd degree murder of friend. Alleged that client stabbed a friend with intention to cause death or serious bodily harm likely to cause death. Held: Directed verdict of not guilty of murder at conclusion of Crown’s case. Case proceeded on basis of manslaughter and client acquitted of this charge after testifying. Evidence … Read More.